Case Study 3 Flashcards
What is the Local Government Act?
Act reformed local democracy in England - eg reduction in types and numbers of council.
What is a section 151 officer?
Section 151 Proper administration of their financial affairs and appoint CFO to be responsible for those arrangements
Define sustainability?
Brundtland definition that ‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs’
What is the Companies Act 2006?
Legislation governs companies in the UK how companies are managed, run and financed
What are the general duties of the Companies Act?
- Duty to act within powers;
- to promote success of the company;
- exercise independent judgement;
- exercise reasonable skill and care;
- avoid conflicts of interest;
- Do not accept benefits from third parties
What is the purpose of the PS on Complaints Handling?
- Firm’s CHP must be approved by RICS
- Notify insurers as soon as practical if there is a claim
- Terms of Engagement should include CHP and ADR
- Complaints log must be maintained, with details, progress and outcomes
2 step soul
What are the manadatory requirements of the PS?
Step 1 In House
* Details of CHP should be issued
* Process should be quick, clear and transparet
* Details of nominated person who will investigate the complaint
* Complaint made in writing
* Timescales for acknowledgment 7 days and resolution 28 days
Step 2 Third party resolution
* If client is unhappy with review can use independent redress scheme
* Appropriate ADR will depend on service provided
**Sole practitioner **must nominate another surveyor in separate firm as officer
Types; IC; Remember ROC
What does the PS Conflicts of Interest set down?
- Three types - Party ; Own ; Confidential
- Informed consent - in writing and with due transparency
- Must have effective systems and controls in place (RULE 3)
- Must keep appropriate records to show compliance with PS (Appendix a)
Remember IC in the process
What are the mandatory requirements for firms?
Step 1 Conflict Avoidance - Decline, before accepting discuss
Step 2 Written Advice to both parties
Set down nature of conflict
Be clear and transparent
Request written confirmation ‘Informed consent
Step 3 **Conflict Management **
What measures can be established to minimise COI?
**Measures **
* Information barriers;
* Physical separation;
* Secure storage;
* Audit Trail
KEEP UNDER REVIEW
What does the PS on WLCA say?
- All those undertaking role of WLC assessor must follow mandatory requirements and methodology
- Be clear about departures
Upfront carbon (A1-A5) ; In use ; End of Life
Modules A - D
What is the objective of the WLCA
To esnure minimum overall lifetime carbon emissions and maximum lifetime resource efficiency
In line with BS 159748
what is the difference between a development and project brief?
One is used to stimulate interest in a site (eg disposal), the other is to direct the development of a specific project on a site.
What is an LLP?
A limited liability partnership isa separate legal entity from its members (partners), who are only liable for the amount of money they invest, plus any personal guarantees. Can flex how it shares its profits
What is a plc?
Shareholders with fixed rights and shares according to articles of the company